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(영문) 수원지방법원 2012.09.20 2012가합8669
입회금반환
Text

1. The Defendant shall pay 150 million won to the Plaintiff and 20% per annum from April 11, 2012 to the day of complete payment.

Reasons

1. Judgment on the plaintiff's claim

A. 1) On July 1997, the Plaintiff is a non-party corporation, Ltd. (hereinafter “non-party corporation”).

2) The Plaintiff and the Nonparty Company entered into a membership agreement (hereinafter “instant membership agreement”) with the Nonparty Company as a regular member of the membership golf course (hereinafter “instant membership agreement”).

A) Upon entering into a contract, on July 18, 1997, the non-party company paid down payment of KRW 15 million to the non-party company, and thereafter used the above golf course as regular members from February 1998, which opened the above golf course, and thereafter, the non-party company paid KRW 135 million to the non-party company the remainder of the membership fee. (2) The non-party company (hereinafter referred to as the "Defendant company") acquired the above golf course from the non-party company on January 1, 2004, succeeded to the rights and obligations of the existing members, and re-enter it on March 15, 2004.

3) On November 28, 2011, the Plaintiff sent to the Defendant Company a letter-certified mail stating that the term of membership expires after the grace period of five (5) years from the membership of the Plaintiff, a member may claim the withdrawal of the membership and the return of the membership fee. The Plaintiff’s maturity date is February 6, 2003.) On November 28, 201, the said mail arrives at the Defendant Company around that time, and the said mail arrives at the Defendant Company. On December 14, 2011, the Defendant Company completed the procedure for filing an application for withdrawal of the membership required by the Defendant Company by publicly notifying the purport to lose the original membership fee in the newspaper with the Plaintiff’s certificate of personal seal impression attached thereto.

[Reasons for Recognition] Facts without dispute, Gap evidence 3-5, Gap evidence 7, 8, Gap evidence 9-14 (including additional numbers), the purport of the whole pleadings

B. According to the above findings of the determination, the Defendant Company paid 150 million won to the Plaintiff upon the termination of the instant membership agreement and its objection.

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